Marko Samardzic, Esq. v. Manchester-by-the-Sea, Town of - (SPR 20232961)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 14, 2023 SPR23/2961 Michele E. Randazzo, Esq. KP Law 101 Arch Street, 12th Floor Boston, MA 02110 Dear Attorney Randazzo: On December 7, 2023, this office received your petition on behalf of the Town of Manchester by the Sea (Town) requesting permission to charge for time spent segregating or redacting responsive records and a waiver of statutory limits on fees that may be assessed in responding to the request. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Town furnished a copy of the petition to the requestor, Attorney Marko Samardzic, of Mead, Talerman and Costa, LLC. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 22, 2023, Attorney Samardzic requested the following records: [1] Any and all bills of Town Counsel or any other counsel retained by the Town with respect to this matter; [2] Any correspondence, emails, texts or documents of any kind by and between [. . . Town Administrator (“Town Administrator”)] or Town Counsel or any past or present member of the Manchester Select Board and any officer, trustee or employee of the Manchester Essex Conservation Trust (MECT); [3] Any correspondence, emails, texts or documents of any kind by and between [Town Administrator] or Town Counsel or any past or present member of the Manchester Select Board and any of the [identified individuals;] [4] Any correspondence, emails, texts or documents of any kind by and between [Town Administrator] or Town Counsel and [identified individuals]. To the extent that a joint defense or other similar agreement has been executed by and between the Town or Town Counsel and such attorneys, please provide such agreement along with both all requested documents prior to the execution of such agreement and a complying log of withheld documents. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michele E. Randazzo, Esq. SPR23/2961 Page 2 December 14, 2023 In an email to this office on December 13, 2023, Attorney Randazzo states “…Attorney Samardzic’s firm has already indicated to the Town that it has mailed a check for the fees estimated in response to the first request (which is the subject of the pending petition)…” In light of the above, I find it is unnecessary to opine on the Town’s petition for permission to charge for time spent segregating or redacting responsive records and for a waiver of statutory limits on fees. Sincerely, Manza Arthur Supervisor of Records cc: Marko Samardzic, Esq., Mead, Talerman and Costa, LLC Michele E. Randazzo, Esq., KP Law